The differences and the practical implications between Hart’s Account of Modern Legal Positivism and John Austin’s Legal Positivism

Ho, Tung (2017) The differences and the practical implications between Hart’s Account of Modern Legal Positivism and John Austin’s Legal Positivism. Doctorate (other than PhD) thesis, University of Southern Queensland. (Unpublished)

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Abstract

Austin and Hart’s theories of law are distinguished from each other in many significant stances regarding to three main questions: 1/ what are the core substantial components of the concept of law? 2/ what makes the law binding? and 3/ what is the basis for the validity of law? Following this line, the main purpose of this paper is double: i/ discussing the differences between these two most influential paradigms of British legal positivism in addressing the above questions and; ii/ drawing some general practical implications resulted from these two accounts of legal positivism as to how the theories are applicable to encompass and explain the variety of law as a social phenomenon.


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Item Type: Thesis (Non-Research) (Doctorate (other than PhD))
Item Status: Live Archive
Additional Information: Doctorate (Non-Research) thesis.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 26 Mar 2018 05:01
Last Modified: 26 Mar 2018 05:01
Uncontrolled Keywords: Hart, John Austin, law, legal positivism
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180199 Law not elsewhere classified
18 Law and Legal Studies > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
18 Law and Legal Studies > 1801 Law > 180119 Law and Society
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI: http://eprints.usq.edu.au/id/eprint/33915

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